Extinction of easement
- What is meant by easement? How can it be extinguished?
Introduction
An easement is a right to use the land of another person for a specific purpose without possessing it but it is also extinguishable under some circumstances. An easement can be extinguished, if the dominant owner is making a profit in the shape of money or other than this from the property of the dominant tenement, in this case, the dominant tenement will extinguish the easement. Extinction of an easement is to take the beneficial enjoyment of the property back from the dominant owner. Under the Easement Act, there are different modes of extinguishing the right of easement
Meaning of extinction of easement
Due to some reasons when an easement grantor extinguishes the right of easement from the easement holder is called extinction of easement
Definition of Extinction of easement
When a dominant tenement extinguishes the right of beneficial enjoyment of the property from the dominant owner due to some valid reasons, it is called extinction of easement
Modes of extinction of easement
Following are the modes of extinction of easement. Details are as under.
Extinction by release
Under the easement act, an easement is extinguished when the dominant tenement expressly or impliedly releases the right of the dominant owner, in this case, the further beneficial enjoyment of the property will not be possible for the dominant owner
Extinction by revocation
Under the easement act, an easement is extinguished when the dominant tenement uses his power of cancel the right of the dominant owner, in this case, the further beneficial enjoyment of the property will not be possible for the dominant owner
Extinction by dissolution
Under the easement act, an easement is extinguished when the dominant tenement dissolves the right of the dominant owner under some circumstances, in this case, the further beneficial enjoyment of the property will not be possible for the dominant owner
Extinction by the termination of necessity
Under the easement act, an easement is extinguished when the necessity comes to an end on behalf of which easement has been taken, in this case, the further beneficial enjoyment of the property will not be possible for the dominant owner
Extinction by the expiry of the period
Under the easement act, an easement is extinguished when the decided period comes to an end on behalf of which the easement has been granted, in this case, the further beneficial enjoyment of the property will not be possible for the dominant owner
Extinction by happening
Under the easement act, an easement is extinguished when something has happened on behalf of which the easement was granted, in this case, the further beneficial enjoyment of the property will not be possible for the dominant owner
Extinction by change of dominant tenement
Under the easement act, an easement is extinguished when the dominant tenement dies and ownership gets changed, in this case, the further beneficial enjoyment of the property will not be possible for the dominant owner
Extinction by destruction of either owner
Under the easement act, an easement is extinguished when either the dominant tenement or dominant owner is destroyed, in this case, the further beneficial enjoyment of the property will not be possible for the dominant owner
Extinction by unity of ownership
Under the easement act, an easement is extinguished when both the dominant tenement and dominant owner become the owner of the same property, in this case, the further beneficial enjoyment of the property will not be possible for the dominant owner
Extinction by suspension of easement
Under the easement act, an easement is extinguished when the easement is suspended due to any reason, in this case, the further beneficial enjoyment of the property will not be possible for the dominant owner
Extinction when easement becomes useless
Under the easement act, an easement is extinguished when it does not remain beneficial for the dominant tenement, in this case, the further beneficial enjoyment of the property will not be possible for the dominant owner
Easement can be extinguished by the court
If one takes legal action for his right under an easement, the other party can apply to the court to extinguish the easement.
Keeping in view the cases filed by both parties the court of law will make the orders under the Easement act
Examples of the right of easement
Following are examples of the right of easement. Details are as under
- Right of way, a person who is the dominant owner of a piece of land has a right of way.
- Right of air, a person who is the dominant owner of a piece of land has a right of air.
- Right of free access to air, a person who is the dominant owner of a piece of land has a right to free access to air.
- Right of light, a person who is the dominant owner of a piece of land has a right of light.
- Right of privacy, a person who is the dominant owner of a piece of land has a right of privacy.
- Right of water flow, a person who is the dominant owner of a piece of land has a right of water flow that his used water to flow without any issue
- Common rights, a person who is the dominant owner of a piece of land has a lot of common rights which have been recognized by the law.
- Right of support, a person who is the dominant owner of a piece of land has a right of support means that he is to be provided safety
- Right of prospectus, a person who is the dominant owner of a piece of land has a right of prospectus if a person wants to publicize his business he can acquire this right
Conclusion
Extinction of the easement is the end of the beneficial enjoyment of the property which enables the dominant owner to further use the property. Under the easement act, there are different modes of extinction of the easement under different circumstances. There are a lot of examples of the rights of easement such as right of air, right of free access to air, right of light, right of water flow, right of privacy, right of support, right of prospectus, common rights, etc.